Daycare and Education Space in Newport Beach

What to diligence before LOI

1. 01

   Newport Beach Zoning Code Table 2-5 (Chapter 20.20) lists 'Day Care, General' as a minor use permit use in the CC, CG, CN and CV districts and as not allowed in CM. Table 2-4 shows a minor use permit in the OA, OG, OM and OR office districts. 'Day Care, General' covers nursery schools, preschools and day care centers.

2. 02

   Section 20.48.070(E) sets the site standards for a general child day care facility: a minimum lot size of 10,000 square feet, a 30-foot setback between the center and any residential zoning district, and an on-site outdoor play area of at least 75 square feet per child (never less than 450 square feet) that is outside the front yard and enclosed by a 4-foot fence. The lot size rule alone rules out many small freestanding parcels.

3. 03

   Tutoring centers are named in the code's definition of 'Schools, Public and Private', which needs a conditional use permit in CG, CM, CN and CV and is not allowed in CC. A small-format 'Studio' (art, dance, martial arts, music, one instructional space) is permitted by right in CC, CG, CN and CV. Ask Planning which definition your program fits before you commit, because the permit path is very different.

4. 04

   Parking under Chapter 20.40 is one space per 7 occupants based on the maximum occupancy allowed by the license for general day care, one per 250 square feet for a studio, and set by the use permit for schools.

5. 05

   Much of Newport Beach, including the Newport Center area, is zoned as Planned Community districts with their own use lists. Confirm the zoning for the specific address with the Planning Division, and check the current online code, since the City-hosted chapter PDFs we read are the October 26, 2010 adopted text.

6. 06

   State licensing sets the floor plan before the city does: 22 CCR 101238.3 requires 35 square feet of indoor activity space per child (bathrooms, halls, offices, kitchens and storage do not count), 22 CCR 101238.2 requires 75 square feet of outdoor activity space per child with a fence at least four feet high and a shaded rest area, 22 CCR 101239 requires one toilet and one handwashing fixture for every 15 children, and 22 CCR 101171 requires a fire clearance. Size the suite and the play yard to your target licensed capacity before you negotiate.